BAIL APPL. NO. 4166 OF 2025 1 2025:KER:28271 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 BAIL APPL. NO. 4166 OF 2025 CRIME NO.1021/2024 OF Ernakulam Central Police Station, Ernakulam PETITIONER/S: KAIRUNNISA AGED 29 YEARS D/O SHEKUNHI, SAMEER MANZIL, KATTABAJAR BANGRA MANJESHWARM, MANJESHWARM .P.O., KASARGOD, PIN - 671323 BY ADVS. RAJESH CHAKYAT ATHIRA K. SALIM RESPONDENT/S: THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4166 OF 2025 2 2025:KER:28271 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No. 4166 of 2025 -------------------------------------- Dated this the 2nd day of April, 2025 O R D E R This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. The petitioner is the accused in Crime No.1021/2024 of Ernakulam Central Police Station. The above case is registered against the petitioner alleging offence punishable under Section 406 and 420 of IPC. 3. The prosecution case is that the accused persons with an intent to cheat the 1st informant and to obtain undue pecuniary gain added the 1st informant in a whatsapp group and send a link in that whatsapp group. It is alleged that the 1st informant was made to install one app called ‘KOTKSS’. Then the 1st informant was made to believe BAIL APPL. NO. 4166 OF 2025 3 2025:KER:28271 that, if he invest in the trading through that app, he would get profit of 40%. Accordingly, the first informant deposited an amount of Rs.3,37,65,000/- in the account given by the accused persons through three accounts maintained by the 1st informant in the branch of Axis Bank at Rajaji Road, Ernakulam. Some amount is credited to the account of the petitioner who is an accused in this case. Hence, it is alleged that the accused is also actively involved in this case. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. 5. After hearing the counsel for the petitioner in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS. At this stage the counsel for the petitioner submitted that, the petitioner is ready to surrender before the Investigating Officer. The counsel also submitted that, there may be a direction to produce the petitioner after interrogation before BAIL APPL. NO. 4166 OF 2025 4 2025:KER:28271 the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think, that prayer can be allowed. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following conditions: 1) The petitioner will surrender before the Investigating Officer within two weeks from today. 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him before the Magistrate. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law BAIL APPL. NO. 4166 OF 2025 5 2025:KER:28271 and pass appropriate orders in it preferably on the date of filing of the same itself. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN JUDGE SKS